Aunt Zhang lived on the first floor, and when she saw that the property bill included the elevator fee, she found the theory of the property management company in the community. Aunt Zhang feels that she lives on the first floor and has never used the elevator, so why should she pay the elevator fee?
The property staff explained to Aunt Zhang that the elevator is shared by the owners of the community, and each owner has the obligation to maintain the elevator and bear the cost. Aunt Zhang did not agree with the property statement, and felt that the property company was arguing with reason, so she refused to pay the property fee.
So does the owner of the first floor have the right not to pay the elevator fee?
Even if you live on the first floor, you still need to pay the elevator fee.
According to the law, the owner has rights and obligations in respect of the common parts of the building other than the exclusive parts;Waiver of rights may not be used as a reason for non-performance of the corresponding obligations. The elevator belongs to the common public facilities of all owners, and maintaining the normal operation of the elevator is conducive to maintaining the common interests of all owners.
If Aunt Zhang asks to pay less elevator fees, she can apply to the owners' meeting or the owners' committee to amend the management regulations in accordance with the law.
The legal basis is as follows:
Article 271 of the Civil Code The owner shall have the ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.
Article 272 of the Civil Code The owner shall have the right to occupy, use, benefit from and dispose of the exclusive part of the building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
Article 273 of the Civil Code The owner shall have rights and obligations to the common parts other than the exclusive part of the building;Waiver of rights may not be used as a reason for non-performance.
When the owner transfers the residential or business premises in the building, the rights of the owner to the common part and joint management are transferred together.
Tengye reminds that if the owner violates the agreement and fails to pay the property fee within the time limit, the property shall not stop the power supply, water supply, heating supply, gas supply and other ways to urge the property fee to be paid, but shall first urge it to pay within a reasonable period. If the owner has not paid the strata fee, the property can file a lawsuit or apply for arbitration.